48 C.F.R. § 19.000

19.000 Scope of part.

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(a) This part implements the acquisition-related sections of the Small Business Act (15 U.S.C. 631, et seq.), applicable sections of the Armed Services Procurement Act (10 U.S.C. 3063-3064 and 3203), 41 U.S.C. 3104, and Executive Order 12138, May 18, 1979. It covers—

(1) The determination that a concern is eligible for participation in the programs identified in this part;

(2) The respective roles of executive agencies and the Small Business Administration (SBA) in implementing the programs;

(3) Setting acquisitions aside, in total or in part, for exclusive competitive participation by small business, 8(a) participants, HUBZone small business concerns, service-disabled veteran-owned small business (SDVOSB) concerns eligible under the SDVOSB Program, and economically disadvantaged women-owned small business (EDWOSB) concerns and women-owned small business (WOSB) concerns eligible under the WOSB Program;

(4) The certificate of competency program;

(5) The subcontracting assistance program;

(6) The “8(a)” business development program (hereafter referred to as 8(a) program), under which agencies contract with the SBA for goods or services to be furnished under a subcontract by a small disadvantaged business concern;

(7) The use of a price evaluation preference for HUBZone small business concerns;

(8) The use of veteran-owned small business concerns;

(9) Sole source awards to HUBZone small business concerns, service-disabled veteran-owned small business concerns, and EDWOSB concerns and WOSB concerns eligible under the WOSB Program; and

(10) The use of reserves.

(b)(1) Unless otherwise specified in this part (see subparts 19.6 and 19.7)—

(i) Contracting officers shall apply this part in the United States and its outlying areas; and

(ii) Contracting officers may apply this part outside the United States and its outlying areas.

(2) Offerors that participate in any procurement under this part are required to meet the definition of “small business concern” at 2.101 and the definition of “concern” at 19.001.

[48 FR 42240, Sept. 19, 1983] Editorial Note:For Federal Register citations affecting section 19.000, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

Notes of Decisions

Cited in 3 cases, 1991–2008 · leading case: Dyonyx, L.P. v. United States, 83 Fed. Cl. 460 (Fed. Cl. 2008).

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Dyonyx, L.P. v. United States, 83 Fed. Cl. 460 (Fed. Cl. 2008). “§ 637 (b)(7)(A); FAR Part 19 (codified as 48 C.F.R. § 19.000 (2007)), for failing to refer the issue of plaintiffs responsibility to the Small Business Administration (the “SBA”) after excluding plaintiff from the competitive range.”

Adarand Constructors, Inc. v. Pena, 965 F. Supp. 1556 (D. Colo. 1997). “(1996), 48 C.F.R. § 19.000 (1995) and 48 C.F.R. § 52.”

Celtech, Inc. v. United States, 24 Cl. Ct. 269 (Ct. Cl. 1991). “48 C.F.R. § 19.000 (a)(6). The FAR defines a “small disadvantaged business concern” as: a small business concern that is at least 51 percent owned by one or more individuals who are both socially and economically disadvantaged, or a publicly owned business having at least 51…”

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